New Build Conveyancing - A Practical Guide to the Problems & Pitfalls

Introduction

Although the basic conveyancing principles are the same, when you act for developers or their buyers there are many additional investigations, procedures and obligations both to your client and your client’s mortgagee.

New build conveyancing has its special perspective affected amongst other things by 80% of new build properties being sold ‘off-plan', ‘buy to leave’ Investors and Government Housing Policies.

What You Will Learn

This live and interactive session will cover NHBC procedures and the Buildmark Warranty including:

• Online acceptance and guidelines for buyer and seller
• The Buildmark cover note and Insurance Certificate
• Exclusions - what is and is not covered
• Shared ownership schemes, mixed use developments
• What if your client discovers a defect and how are their rights affected?
• Insolvency of the builder

Other topics covered with illustrative cases will include:

• The New Homes Quality Board and its Code of Practice following on from The Consumer Code for Homebuilders - how this helps your buyer client and what it involves for the builder. The ‘New Homes Ombudsman’.
• UK Finance Handbook - what particular parts apply to new build homes and a look at disclosure of incentives and restrictive covenants
• Leasehold reform and - The Leasehold Reform (Ground Rent) Act 2022
• Standard conditions of sale - what do they say about new build?
• Requirements of the conveyancing protocol
• New build help to buy home equity loans ended March 2023 but will still need to be redeemed
• Tips when approving a draft new build contract
• Highways and sewers - local authority and private maintenance - s.38 Highways Act 1980, Section 104 of the Water Industry Act 1991
• Section 106 of the Town and Country Planning Act 1990 (as amended), commonly known as s106 agreements and Community Infrastructure Levy
• Planning - problem cases, flooding, covenants and easements and indemnity policies
• Overage in the context of new build
• Land registry assistance on plot development
• Typical additional enquiries for new properties
• A Workshop element - delegates will be invited to participate

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.